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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.08.2008Exhibits for Public Hearing December 8, 2008 LINA Compressor Station Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000 E Application F Staff Memorandum G Memo dated November 17, 2008 from Jake Mall, Garfield County Road & Bridge H Email received November 14, 2008 from Jim Rada, Environmental Health I Letter dated November 20, 2008 from JT Romatzke, Division of Wildlife J Letter dated November 26, 2008 from Rob Ferguson, Grand Valley Fire Protection K Letter dated November 26, 2008 from Charles Bucans responding to comments _ L Construction Permits for four (4) compressor engines M Email dated December 2, 2008 from Steve Anthony, County Vegetation Manager BOCC December 8, 2008 KE PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT/OPERATOR REPRESENTATIVE LOCATION SITE INFORMATION EXISTING ZONING ADJACENT ZONING Special Use Permit for "Processing and Material Handling of Natural Resources" for a Natural Gas Compressor Station Williams Production RMT Company / Bargath Charles Bucans - Star Valley Engineering The subject property is located at 1620 CR 300, South of Parachute 2.755 -acres on a 40 -acre parcel located in the SWY4 of NW'/4 of Section 35, Township 7 South, Range 96 West of the 6th P.M. Agricultural/Residential/Rural Density (A/R/R D) NR/RD I. DESCRIPTION OF THE PROPOSAL The Building and Planning Department received a Special Use Permit (SUP) application for "Processing and Material Handling of Natural Resource" for a natural gas compressor station to be located on 2.755 acres of a 40 -acre parcel owned by Williams Production RMT Company and operated by Bargath, Inc.. a wholly-owned subsidiary of Williams. The site is located along County Road 300, south of Parachute and currently is undergoing drilling operations. The compressors, Model 3516 Gas Gathering Compressors, will be located on and/or adjacent to the well pad / drilling operation and will have exhaust silencers installed with each engine housed within an engineered noise enclosure. The applicant is requesting allowance of up to eight (8) compressor units at this site. II. REFERRAL TO PLANNING COMMISSION At their meeting on October 20, 2008 the Board of County Commissioners (BOCC) did not refer the application to the Planning Commission and directed Staff to schedule the application for Public Hearing before the BOCC. Una Compressor Station BOCC - 12/8/08 Page 2 111. SITE DESCRIPTION The proposed is situated at the southwestern end of CR 300 just east of Spring Creek between CR 306 and CR 304. The 40 -acre parcel is split by the county road with portions of the property on each side of the road. The COGCC-approved well pad is located on the southern portion of the site with the proposed compressor station located within that well pad. Access to the compressor station is via the access road constructed for the well pad. The northern portion of the parcel contains improvements related structures and uses as well as a single family home. including agricultural The Una Compressor Station would gather gas from area natural gas production wells and compress it for transportation to Williams Parachute Creek Gas Plant. The system will be run remotely from the Parachute Plant therefore post -construction Una Compressor Station BOCC —1218/08 Page 3 traffic to the site would be minimal. limited to approximately six (6) daily vehicle trips. The Compressors are proposed to be located adjacent to the drilling activities at the northeast portion of the pad. The site has been graded (as part of the drilling operations) and the compressors will be located up against a cut in the hillside. The Compressor Station has been designed to accommodate eight new Caterpiller 3516 gathering gas compressors, with seven of those being installed immediately and one additional compressor installed in the future, as needed. The proposed units would be equipped with residential grade exhaust silencers, cooler inlet and outlet sound attenuators. and a noise attenuating enclosure or building so that COGCC regulations for sound can be met. View of proposed compressor station area IV. ZONING & ADJACENT USES The subject property is zoned Agricultural/Residential/Rural Density (AIR/RD). The Una Compressor Station BOCC — 12/8/08 Page 4 type of use requested falls under the definition of "Processing and Material Handling of Natural Resources" which are contemplated as special uses in the A/R/RD zone district. Frac Tech Orchard +Jornpressor Station Strong Contractor Yard Proposed PUD UNA Pipe Laydown Ancillary to Pipeline J' UNA Gravel Pit Though the zoning is rural in character (A/R/RD) you can see from the map above that this area is predominantly industrial in nature. The adjacent uses include significant oil and gas drilling activity as well as support or ancillary activity including contractor storage. Other adjacent uses include the UNA Gravel Pit. V. AUTHORITY & APPLICABILITY Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. Una Compressor Station BOCC —12/8/08 Page 5 VI. REVIEW AGENCY AND OTHER COMMENTS Comments have been received from the following agencies are integrated throughout this memorandum as applicable. 1. Garfield County Road and Bridge: EXHIBIT G 2. Garfield County Environmental Health: EXHIBIT H 3. Planning Engineer: No Comment 4. Oil & Gas — Judy Jordan: No comment received 5. Division of Wildlife: EXHIBIT 1 6. Grand Valley Fire District: No Comment VII. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations. special uses shall conform to all requirements listed there under and elsewhere in the Zoning Resolution, as well as the following standards: 1. Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Response The compressor station is described as an unmanned facility, with no full-time employees to be located an -site as the compressors are to be monitored remotely from the Parachute office. The application states that "Williams/Bargath anticipates locating one porta-jon near the control building for the operation phase of the project. In addition, a 5 -gallon drinking water fountain would be located inside the control building..." Water and wastewater will be provided by Mountain Clear and Down Valley Septic respectively. 2. Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. Response A memorandum from Felsburg, Holt and Ullevig, a transportation engineering firm, identifies construction -related traffic to serve a crew of 30 employees approximately 6 months to complete construction of the compressor station. This would result in approximately 64 daily trips. Once constructed the site (including the compressor Una Compressor Station BOCC — 12/8/08 Page 6 monitoring, well monitoring and water truck to retrieve condensate) would result in 6 daily trips. The access to the Compressor site is an existing, permitted, driveway to serve the drilling activity on the well pad. No improvements to CR 300 are necessary as a result of this Compressor Station proposal as the intersection of the driveway with CR 300 is expected to operate at a Level of Service A both during construction and ongoing operations. 3. Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. Response The compressor station has been sited on the northeast portion of the well pad which is against a cut slope. The topography at the location may minimize noise to the north and east of the location with the slope providing some visual mitigation as well, Section 5.03.07 (industrial Operations! Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: 1.(A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water. Response A construction Stormwater Management Plan and a Spill Prevention Control and Countermeasure Plan have both been prepared for the site and submitted as a part of the application. Una Compressor Station BOCC — 12/8/08 Page 7 1.(B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response Compressors produce considerable volumes of noise and vibration but acceptable levels are regulated by the COGCC Series 800 rules which stipulate that the noise emissions from this station to adjacent property are 55 dB(A) from 7:00 a.m. to 7 p.m. and 50 dB(A) from 7 p.m. to 7 a.m. at 350 feet from the emission source. The Applicant has supplied the following chart contained within the noise study conducted by Noise Solutions, Inc. Predicted Sound Levels Williams Una SG#12-35 Well Location Compressor Pad Location & Sound Level Description Daytime Sound Level (dBA LAA) Nighttime Sound Level (dBA icy Permissible Low Frequency Noise Level (dBC L.9) 350 feet Wes( of the facility Predicted Facility Sound Level Contribution /4.3 74.3 ora Permissible Noise Levels 55.0 50.0 n13 Residence #1 approximately 742 feet Northwest Predicted Facility Sound Level Contribution n/a nia 20 8 Permissible Noise Levels 55.0 L 50.0 65.0 Residence #2 approximately 7232 feet East — ...Y.� T.,._..,, Predicted Facility Sound Level Contrib;tion n/a .r. ria 75.0 Permissible Noise Levels 55.0 ! 50.0 65.0 sIF i 0:ZeP,3, As you can see from the chart the permissible noise levels are exceeded as the predicted noise contribution 350' from the facility is at 74.3 dB(A). Noise Solutions, Inc. concluded that the sound levels generated by the compressor station can be in conformance with the state guidelines if recommendations are implemented. Table 8, Noise Control Evaluation, on page 11 of the noise study provides the implementation measures — all of which will be incorporated in Staff recommended conditions of approval for the project. Una Compressor Station BOCC —12/8/08 Page 8 Jim Rada, Environmental Health Manager has reviewed the proposed noise mitigation measures and is in agreement that the noise mitigation measures recommended by the consultants be required. In addition, Mr. Rada recommends that a post -construction noise impact assessment by a qualified consultant be required to provide documentation and assurance to the County and the neighboring landowners that the implemented noise mitigation measures effectively control noise to levels at or below regulatory levels. 1. (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Response The Colorado Division of Wildlife has responded with the following comments: The CROW has reviewed the Wildlife Impact. and Sensitive Areas Report prepared by Westwwater Engineering, and supports the mitigation recommendations described for re -vegetation and weed management in disturbed areas, noise control, limitation of activity on critical deer and elk winter range during Dec. 1 -April 301h, limitation of activity within raptor buffor zones (.25-.5 mile radius) during periods of nesting, wildlife -friendly fencing, and traffic speed control to minimize madkiti mortality. The location of the proposed facility lies in alcmg the riparian corridor of Colorado River, which is heavily traversed by bears throughout the spring, summer and fall months. The CROW notes that WilliamsfBargath stated that a bear -proof steel cage will be used to store trash at the facility. The CDOW r^ecotrunends a solid steel dumpster rather than the steel cage design, primarily because of past experience with bears destroying and occasionally getting trapped inside the steel -cage dumpsters that have been advertised as "bear -proof." In addition, the cage design allows for air to flow freely through the dumpster, making any potential bear attractants much easier for passing bears to smell. The CDOW would gladly provide information an companies that provide solid steel dumpsters. Staff has included at condition of approval for the provision of a solid steel dumpster to be utilized as a trash receptacle at this facility. 1.(D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Response The Felsburg Holt & Ullevig Traffic Analysis has provided information that County Road 300 will not be negatively impacted by the minimal on-going activities at this site. 1. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Una Compressor Station BOCC —12/8/08 Page 9 Response The closest residence to the compressor site is approximately 740 feet northwest of the site and, if recommended mitigation measures are adopted. there should be no adverse impact to abutting properties. 1.(F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution 2. Special Use Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Response A site rehabilitation plan has been submitted with the application and a condition of approval is recommended for revegetation/reclamation of the compressor site and the access driveway. Prior to issuance of the Special Use Permit the Site Rehabilitation Plan must meet the recommendations and approval of Steve Anthony. Garfield County Vegetation Manager. (8) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; Response Prior to issuance of the Special Use Permit the applicant must provide revegetation security, based upon the approved revegetation plan, and provide the necessary documentation to the County Vegetation Manager regarding the seed tags as identified in Exhibit M. Section 5.03.08 [Industrial Performance Standards! Pursuant to section 5.03.08 of the Zoning Resolution, all Industrial Operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a Una Compressor Station BOCC — 12/8/08 Page 10 public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations I comments from the appropriate local protection district regarding compliance with the appropriate codes; (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (0) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured Una Compressor Station BOCC —12/8/08 Page 11 from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Staff Response Should the Board approve the request for the Compressor Station, Staff suggests the industrial performance standards beconsidered conditions of approval as they are specifically intended to ensure that any industrial use such as the proposed Compressor function in accordance with the proper best management practices and within the parameters of the State Statutes. Section 9.03.05 !Periodic Review of SUP] Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and Una Compressor Station BOCC —12/8/08 Page 12 meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. VIII. RECOMMENDED FINDINGS 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. IX. STAFF RECOMMENDATION Staff recommends the Board APPROVE the request for a Special Use Permit for Processing and Material Handling of Natural Resources for the UNA Compressor Station on Williams Production Company RMT property located at 1620 CR 300 with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 1 The Applicant shall be permitted to operate four (4) Compressor Units on this site pursuant to the CDPHE Air Pollution Control Division Construction Permit for the portable compressor units. Full operation of the facility shall be permitted upon submittal of the CDPHE facility -wide permit to the Garfield County Building and Planning Department. Una Compressor Station BOCC —12/8/08 Page .13 4. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the International Fire Code as the Code pertains to the operation of this facility. 0 5. Volume of sound generated shall comply with the standards set forth in the Series 800 rules of the Colorado Oil and Gas Conservation Commission (COGCC) pursuant to the following noise mitigation measures recommended by Noise Solutions. Inc.: Install NSI " " Style Cooler Inlet (high specification model) silencers on all of erpillar 3516 units with Air -X --Changers Model 156EH coolers. Install NSI "L" Style Cooler Outlet (high specification, low frequency model) silencers on all of the Caterpillar 3516 units with Air -X -Changers Model 156EH coolers, Install an NSI acoustically treated '°L" style building ventilation system on all the Caterpillar 3516 Compressor Units. The installed system must permit operation of all the units within the building with the compressor building doors and untreated openings closed. d. Install an NSI acoustically treated engine air intake silencer on all of the Caterpillar 3516 Compressor Units, e. Install an NIS acoustically treated building (high specification, low frequency model) on all of the Caterpillar 3516 Compressor Units. 6. Vibration generated: the Compressor shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. 7. Emissions of smoke and particulate matter: the Compressor shall be so operated so as to comply with all Federal. State and County air quality laws, regulations and standards. Dust mitigation measures are required via a water or chemical suppressant to comply with opacity standards. Emission of heat, glare, radiation and fumes: the Corepressor shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. Una Compressor Station BOCC —12/8/08 Page 14 9. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. 10. Any lighting on the site shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 11. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. 12. An annual review shall be completed one year from the issuance of the Special Use Permit. Such review shall include the site compliance with Industrial Performance Standards and the applicant shall be required to submit a noise study which analyzes the noise levels of the proposal once the site becomes operational. 4-k Prior to issuance of the Special Use Permit the applicant must provide security sufficient to cover the revegetation plan reviewed and accepted by the Garfield County Vegetation Manager. The applicant shall submit seed tags to the Vegetation Department upon completion of the reseeding efforts. All proper building permits are obtained for the structures associated with the operation of the Compressor, i • to t e iss - _ - ■ - -- 15. The facility must provide a solid steel dumpster be used as a trash receptacle at the facility per the recommendation of the Colorado Division of Wildlife. GARFIELD COUNTY Building & Planning Deparimeni Review Agency Form EXHIBIT Date Sent: October 31, 2008 Comments Due: November 21, 2008 Name of application: Una Compressor Station Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Kathy Eastley 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Departmenthas no objections to this application with the following comments. The driveway access permit for this location has been issued with conditions specific to the driveway access location. All vehicles hauling equipment and materials for this application shall abide by Garfield County's oversize/overweight permit system. All vehicles requiring an oversize/overweight permit shall have on file a letter from Williams Production RMT stating such vehicles can obtain oversize/overweight permits under their road bond on fie with Garfield County Road & Bridge Department. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date November 17, 2008 Revised 3/30/00 Kathy A. Eastley From: Jim Rada Sent: Friday, November 14, 2008 4 54 PM To: Kathy A. Eastley Subject: Williams Una Compressor Station. Attachments: Jim Rada (jrada@garfield-county.ccom).vcf Kathy,. Per our discussion this afternoon, I offer the following comments regarding the referenced SUP application 1. The application is not clear as to how many CDPHE APCD permit applications have been applied for or are already in hand for the 7-8 compressor engines planned for this facility. Tab 11.1.B.1 (APCD App) only mentions 5 portable engine permits. Is Williams relocating engines to this site? If so, does the APCD know this and do the permits carry with the engine relocation? I recommend that all APCD permits be in place before approval of the SUP and copies be submitted to Building and Planning. ?, Tab 11.1.8.5 mentions a combustor to be installed at this facility to incinerate VOC emissions from the condensate storage tanks. I believe that combustors are required to also have a CPHE APCD permit. If so, I also recommend that this permit be in place before approval of the SUP. 3. I recommend that all noise mitigation measures recommended by the consultants, Noise Solutions, be required and that a post -construction noise impact assessment by a qualified consultant be required to provide documentation and assurance to the County and the neighboring landowners that the implemented noise mitigation measures effectively control noise to levels at or below regulatory levels 4. I also recommend that the applicant be required to provide a plan for dust impact mitigation both during construction and during long-term operations. Thanks for allowing me to participate in the review of this application. Jim Kacia, KLh5 Environmental Health Manager Garfield County Public Health 195 W 141"Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email lrada@garfield-county.com Web www.gartield-county.com 11/17/2008 STATE OF COLORADO Bill Ritter, Jr., Governor RECEIVED DEPARTMENT OFOF NATURAL RESOURCES �, DIVISION OF WILDLIFE NOV 2 5 1-006 AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway F• '., Denver. Colorado80216 Telephone: (303) 297-1192 wildife.state.co.us Kathy Eastley Garfield County Building and Planning. Department 108 8`" Street, Suite 401 Glenwood Springs, CO 81601 RE: SUP 10908- Una Compressor Station Williams Production RMT Company For Wildlife - For People November 20. 2008 Dear Kathy: Thank you for the opportunity to comment on the proposed Williams Production Una Compressor Station facility. The Colorado Division of Wildlife (CDOW) strives to provide quality recommendations on such projects that could potentially impact native wildlife species and their habitats. The CDOW has reviewed the Wildlife Impact and Sensitive Areas Report prepared by Westwater Engineering, and supports the mitigation recommendations described for re -vegetation and weed management in disturbed areas, noise control, limitation of activity on critical deer and elk winter range during Dec. I -April 30`h, limitation of activity within raptor buffor zones (.25-3 mile radius) during periods of nesting, wildlife -friendly fencing, and traffic speed control to minimize roadkill mortality. The location of the proposed facility lies in along the riparian corridor of Colorado River. which is heavily traversed by bears throughout the spring, summer and fall months. The CDOW notes that Williams/Bargath stated that a bear -proof steel cage will be used to store trash at the facility. The CDOW recommends a solid steel dumpster rather than the steel cage design, primarily because of past experience with bears destroying and occasionally getting trapped inside the steel -cage dumpsters that have been advertised as "bear -proof." In addition, the cage design allows for air to flow freely through the dumpster, making any potential bear attractants much easier for passing bears to smell. The CDOW would gladly provide information on companies that provide solid steel dumpsters. The Division of Wildlife appreciates the opportunity to comment on projects such as these. Please contact District Wildlife Manager Elissa Knox by phone at 970-255-6156 if you need further information. Area Wildlife Manager cc: Ron Velarde, Northwest Regional Manager Elissa Knox, District Wildlife Manager Brad Petch, Senior Habitat Biologist File DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnaliy • Richard Ray Ex Officio Members, Harris Sherman and John Stulp 'JAI.t GRAND VALLEY FIRE PROTECTION DIST 1777 S. BATTLEMENT PARKWAY, PO BOX 295 PARACHUTE, CO 81635 rQ PHONE: 285-9119, FAX (970) 285-9748 November 26, 2008 Kathy Eastley Garfield County Planning and Building Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Una Compressor Station Ms. Eastley, After looking over the Special Use Permit for the Una Compressor Station and speaking on the phone with Charles Bucans The Fire District doesn't have any objections for this permit. The property was already cleared of any grass and/or brush to help mitigate wildfires. The Emergency Response Plan appears to be up to date as well and correct. If you have any questions regarding this review, I can be reached at the above listed phone number. Rob Ferguson Deputy Fire Chief— Operations Cc: Chief Blair File Mission Statement We. the members of the C rand "1. aIle) dire Protection District. dedicate our etic?rts to the protection of the lives. propert) ii17Li crlvirontnLnI of the citi tflS .,I. And t itilti to the r nt \ alley r t' Protection District 11/111—Pd LIT Ln1111/1'IM■ 107675 N. US Highway Etna, Wyoming 831 Phone (307) 883-39 Fax (307) 883-29+ ' Cellular (307) 890-8013 e-mail to: sve(silverstar corn EXHIBIT November 26, 2008 Ms. Kathy Eastley Senior Planner Garfield County Building and Planning Department 108 8'h Street. Suite 401 Glenwood Springs. CO 81601 Reference: Williams/Bargath Compressor Station SUP Application Comment E-mail of November 17. 2008 Dear Ms. Eastley. Thank you for your additional comments to our SUP application. The black comments are from Jim Rada. and the red comment is an addition by Kathy Eastley. This correspondence and attached support documentation are the WilliamslBargath response to those comments, Comment: The application is not clear as to how many CDPHE APCD permit applications have been applied for or are already in hand for the 7-8 compressor engines planned for this facility. Tab 11.1.8.1 (APCD App) only mentions 5 portable engine permits. is Williams relocating engines to this site? If so, does the APCD know this and do the permits carry with the engine relocation? l recommend that all APCD permits be in place before approval of the SLIP and copies be submitted to Building and Planning. Response: WilliamslBargath is planning to install up to 8 compressor engines at the Una Compressor Station and an air permit application will be filed with the Colorado APCD for this facility -wide permit encompassing the 8 engines. The application for the entire facility has not yet been filed with the APCD, but that application is in process and it will be filed in the near future so that the APCD can begin the process of issuing an air permit for the installation and operation of the full buildout of the Una Compressor Station. In the interim, however, WilliamslBargath will be utilizing portable engine permits that also allow the installation and operation of compressor engines at the station for up to 2 years for each engine. At the time of the initial SUP application, WilliamslBargath was only able to provide the air applications associated with those portable engines. Since that time, those portable engine air permits have been received and WilliamslBargath plans to install and operate four (4) of the portable engines as allowed by the following portable engine air permits: 08P00064, 08P00729, 08P00731, and 08P00733. A copy of the first page of each permit is provided as an attachment with this letter. WilliamslBargath will comply with all the permit conditions. and any applicable state and federal air quality control regulations during the installation and operation of these engines. WilliamslBargath are allowed to operate the engines the same as if they were permitted under a facility -wide air permit, but the portable permits only allow each of the engines to operate up to 2 years at a single location. At that time. Williamsl8argath would have one of the following options for the engines: Bargath Inc.. Una Compressor Station SUP Responses to Env Health Comments Page 2 of 3 1. The engines could be relocated to another facility under the corresponding portable engine permit. They would no longer be operated at Una The engines could be incorporated into the facility -wide air permit for Una and the portable engine permits would be available to be used at other locations and assigned to other engines. Williams/Bargath expects to receive the facility -wide air permit for the full buildout of the Una Compressor Station within the two year timeframe and these 4 portable engines would be incorporated into that air permit making those portable permits available for use at other locations as described in Option 2 above. A copy of the facility -wide air permit for Una will be provided to Garfield County when it is received. 2. Comment: Tab 11.1 8.5 mentions a combustor to be installed at this facility to incinerate VOC emissions from the condensate storage tanks. I believe that combustors are required to also have a CPHE APCD permit. If so, I also recommend that this permit be in place before approval of the SUP. Response. WilliamslBargath is revising this statement in Tab 11.1.8.5 to be consistent with CDPHE Air Quality Control Regulation 7. Under this regulation. a combustor is only needed if the actual VOC emissions from the condensate storage tanks exceed 20 tons per year (tpy). There are currently two condensate storage tanks planned for Una and the emissions from these tanks are expected to remain below 20 tpy of actual emissions. if the actual VOC emissions from the tanks do exceed 20 tpy. Williams/Bargath has up to 90 days to install the combustor on the tanks under Regulation 7. The facility -wide air permit will encompass the two condensate tanks and the permit will be modified to include the combustor as a control device when and if it is needed after the tanks begin operation. In the interim before the facility -wide air permit is received. Williams will also have two separate condensate tank air permits to allow the installation and operation of those two tanks similar to the portable engine permits described in Response 1. 3. Comment: I recommend that all noise mitigation measures recommended by the consultants, Noise Solutions, be required and that a post -construction noise impact assessment by a qualified consultant be required to provide documentation and assurance to the County and the neighboring landowners that the implemented noise mitigation measures effectively control noise to levels at or below regulatory levels. The comment regarding the noise mitigation -are all of the recommendations of the consultant incorporated into the plan. and what are your comments regarding the post - construction noise analysis? Response: Williams/Bargath plans on implementing all noise mitigation measures recommended by our consultant as documented in the noise impact analysis included in the SUP application. In order to test the noise suppression equipment. we would conduct a post -construction noise impact assessment to assure that we are meeting 11/28/2308 Una CS SUP comment responses 112608 Bargath Inc. Una Compressor Station SUP Responses to Env Health Comments Page 3 of 3 COGCC rules for noise abatement in the Garfield County zoning area in which the station would be located (ARRD in this case). 4. Comment: f also recommend that the applicant be required to provide a plan for dust impact mitigation both during construction and during long-term operations. Response: Under CDPHE Air Quality Control Regulation 1, fugitive dust control measures under a control plan are not required to be implemented if there is not more than 5 acres of clearing and leveling of land during construction. The disturbed acreage for Una is not expected to be greater than 5 acres during construction, in fact, the station portion of the combined well site/compressor station is approximately 2.755 acres. Because of the nature of their long-term operation, compressor stations like Una have minimal to no operational activity occurring onsite that would generate fugitive dust and their emission points are not expected to generate visible emissions in any measurable quantity because it is a natural-gas fired facility. Therefore, the Regulation 1 requirements to submit a fugitive dust control plan are not considered applicable. In addition, the dust control statement in Tab 11.1.B.2 of the SUP Application "'Dust control at Una Compressor Station" and the Storm Water Management Plan in Tab 11.1.A.1 of the SUP Application further address fugitive dust control. Please contact me with any questions. Sincerely, Star Valley Engineering, Inc. (fJ Charles S. Bucans, P.E. Project Manager 11/28/2008 Una CS SUP comment responses 112608 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONI►'IENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 08P00064 DATE ISSUED: ISSUED TO: APRIL L5, 2008 BarGath, Inc. Initial Approval THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable compressor engine (known as PORTABLE ENG -05), homebased at the BarGarth Parachute Office in Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One (1) Caterpillar, model G3516ta1e, Serial No.: TBD, rated at 1340 horsepower, @ 1400 rpm, turbo- charged, four-cycle, standard lean burn, natural gas fired, internal reciprocating combustion engine. This engine is used for Natural Gas Compression. This engine is equipped with air -fuel ratio control and an oxidation catalyst emission control device. This engine may be replaced with another engine in accordance with the temporary engine replacement provision or with another Caterpillar, G3516ta1e engine in accordance with the permanent replacement provision of the Alternate Operating Scenano (AOS), included in this permit as Attachment A THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OFTRE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO A1<R. POLLUTION PREVENTION AND CONTROLACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. EPA Method 9 shall be used to measure opacity. (Reference: Regulation No. 1, Section I1.A.1. & 4.) 2. The permit number shall be marked on the subject equipment for ease of identification. (Reference: Regulation Number 3, Part 8, 111.E.) (State only enforceable) 3. Emissions of air pollutants shall not exceed the following limitations (as calculated In the Division's preliminary analysis): (Reference: Regulation No. 3, Part B, 11.A4) Pollutant Annual Limit (tpy) Nitrogen Oxides 22.0 Volatile Organic Compounds 6.5 Carbon Monoxide 6.5 AIRS ID: 777/3100/001 Page 1 of 7 r.. STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT t AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 08P00729 Initial Approval DATE ISSUED. October 10 201113 � ISSUED TO: BaiGatl , Inc. THE SOURCE TO WHICH THIS PERMIT APPLIES I5 DESCRIBED AND LOCATED AS FOLLOWS: .sib. Portable compressor engine known as PORTABLE ENG -06. homeb:3sed the BarGath Parachute office in Garfield County, Colorado. initial location TBI). THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One (1) Caterpillar G351Gtale, Serial No.: TBD, rated at 1340 horsepower, @ 1400 rpm, turbo -charged four-cycle standard lean buil natural gas fired, internal reciprocating combustion engine. This engine is used for Natural Gas Compression. This engine is equipped with air -fuel ratio control and an oxidation catalyst emission watrul device. This engine may be replaced with another engine in accordance with the temporary engine replacement provision or with anuther Caterpillar G35116tale engine in accordance with the permanent replacement provision of the Alternate Operating Scenario (AOS), included in this permit as Attachment A. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLOORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (2S-7-101 ctscg). TOTEIOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:. 1. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation ofthe source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. EPA Method 9 shall be used to measure opacity. (Reference: Regulation No. 1, Section Il.f1.1. & 4.) 2. The permit number shall be marked on the subject equipment for ease ofidentification. (Reference: Regulation Number 3, Part 13, 111.E,) (State only enforceable) 3. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation No. 3, Part 13, 11.A 4) Pollutant Annual Limit (tpy) Nitrogen Oxides 22.0 Volatile Organic Compounds 6.5 Carbon Monoxide 6.5 4. This source shall be limited to a maximum consumption rate as listed blow and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rade shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference. Regulation 3, Part 13, Ii.A.4) AIRS ID: 777/3233/001 Page 1 of7 STATE OF COLORADO COLORADO DEPARTIVIENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3154 CONSTRUCTION PERMIT PERMIT NO: 08P00731 DATE ISSUED: ISSUED TO: October I0, 2008 BarGath, Inc. Initial Approval THE SOURCE TO WHICH TIES PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable compressor engine known as PORTABLE ENG -07, homebased the BarGath Parachute office ire Garfield County, Colorado. Initial Location TBD, THE SPECIFIC EQUIP]VIENT OR AC TIV1TY SUBJECT TQ THIS PERMIT INCLUDES THE FOLLOWING: One (1) Caterpillar G351.6tale, Serial No.: TBD rated at 1340 horsepower, err 1400 rpm, turbocharged four-cycle standard lean burn natural gas fired, internal reciprocating combustion engine. This engine is used for Natural Qas Compression. This engine is equipped with air -fuel ratio control and an oxidation catalyst emission concro] device. This engine may be replaced with another engine in accordance with the temporary engine replacement provision or with another Caterpillar G351 hale engine in accordance with the permanent replacement provision of the Alternate Operating Scenario (AOS), included in this permit as AtUchrnent A, THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COIVMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et s TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS; 1. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the sources During periods of tartup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. EPA Method 9 shall be used to measure opacity. (Reference: Regulation No. 1, Section II,A.1. & 4.) 2, The permit number shall be marked on the subject equipment for ease of identification. (Reference: Regulation Number 3, Part B. Ill.k'.) (State only enforceable) 3. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation No. 3, Part B, II.A.4) Pollutant Annual Limit (tpy) Nitro�,en Oxides 22.0 Volatile Organic Compounds 6.5 Carbon Monoxide 6.5 d. This source shall be limited to a maximum consumption rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part l3, ii.A.4) AIRS 1D: 777/3234/001 Page 1 of7 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC I-IEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3158 CONSTRUCTION PERMIT PERMIT Nth 08P00733 Initial Approval DATE ISSUED: October 10, 2008 lSSU1>;b TO: BarGath, Inc. TITE SOURCE TO WHICH THIS PERMIT APPLIES 15 DESCRIBED ANT) LOCATED AS FOLLOWS: Portable compressor engine known as PORTABLE ENG -08, homebased the BarGath Parachute office in Garfield County, Colorado. Initial location TBD. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One (I) Caterpillar G3516ta1e, Serial No.: TBD, rued at 1340 horsepower, @ 1400 rpm, turbo -charged four-cycle standard lean burn nawral gas fired, internal reciprocating combustion engine. This engine is used for Natural Gas Compression. This engine is equipped with air -fuel ratio control and an oxidation catalyst emission control device. This engine may be replaced with another engine in accordance with the temporary engine replacement provision or with another Caterpillar G3516ta1e engine in accordance with the permanent replacement provision of the Alternate Operating Scenario (AOS), Included in this permit as Attachment A. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO MR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-191 et sea), TO THOSE GENEPAL TERMS AND CONDITIONS INCL1JDED iN THIS DOCUMENT AND TILE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. EPA Method 9 shall be used to measure opacity. (Reference: Regulation No. I, Section ILA. 1. & 4.) 2. Tho permit number shall be marked on the subject equipment for ease oFidenti1ication, (Reference: Regulation Number 3, Part B, IILE.) (State only enforceable) 3. Emissions °fair pollutants shall not exceed the following limitations (as calculated in the Divisions preliminary analysis): (Reference: Regulation No. 3, Part B, I1.A.4) Pollutant Annual Limit (tpy) NitrogenOxides 22.0 Volatile Organic Compounds 6.5 Carbon Monoxide 6,5 This source shall be limited to a maximum consumption rate as listed below and all other activities, operational rates and rsumbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request (Reference: Regulation 3, Part B. II.A.4) AIRS ID: -177/3235/1301 Page 1 of 7 EXHIBIT MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: Williams Una Compressor Station Date: December 2, 2008 Thanks for the opportunity to comment on this permit. My comments are as follows: Noxious Weeds A survey and weed management plan has been provided. The noxious weeds identified by location in Appendix B should be treated early in the growing season in 2009. The jointed goatgrass is the county's responsibility and we will take care of that. The tamarisk trees may be treated this winter. We recommend a "cut -stump" method which can be done anytime of the year. We request that the applicant provide this office with copies of treatment records for all applications upon completion. Revegetation If this site is not under the jurisdiction of COGCC, then we would recommend a revegetation security. The applicant needs to quantify the amount of surface disturbance for both the compressor station and the lateral pipeline located on private lands. Once this information is provided an amount for the security will be established. Since this is a compressor station and would likely be a long term project, staff recommends the rate of $4000 per acre (the short-term rate is $2500 per acre). The revegetation plan is acceptable. Staff does request that the applicant make the seed tags available to Garfield County upon completion of the reseeding efforts. This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds by may be deposited with the County Treasurer. The security shall be held by Garfield County until vegetation has been successfully reestablished. according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration.